The Town Board of the Town of Webster, Monroe County, New York, acting under authority of the Town Law of the State of New York, hereby adopts and enacts this chapter as a comprehensive amendment of the Zoning Ordinance of the Town of Webster, New York, adopted March 10, 1938, and all subsequent amendments thereto, which are hereby repealed.
This chapter shall be known and may be cited as the "Webster Zoning Ordinance."
The Town Board enacts this chapter for the purpose of promoting the public health, safety, morals and general welfare of the Town of Webster, in accordance with the general intent of a Comprehensive Plan designed to lessen congestion in the streets; to secure safety from fire, flood, panic or other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, and guided by the character of the district and its peculiar suitability for particular uses, with a view to conserving real property values and encouraging the most appropriate use of land throughout the Town.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY APARTMENT
- A separate living unit, containing both a bathroom, with
sink, toilet and tub or shower, and a kitchen unit, with stove, sink
and refrigerator, limited to one bedroom and one sitting area, created
within single-family residential structure, barn, garage or other
detached building on a residential property, which is subordinate
to the single-family residence in terms of size and appearance.[Added 2-2-1995]
- ACCESSORY BUILDING
- A detached building or structure, the use of which is incidental
to that of a main or principal building or structure and located on
the same lot therewith.[Added 5-16-1996]
- ACCESSORY USE
- A use customarily incidental and subordinate to the principal use and located on the same lot with such principal use.
- AGRICULTURAL USE
- The use of land and buildings in the raising of or production of agricultural products and nursery stock, flowers and greenhouse products, but which shall not include the raising of pigeons, swine, goats or foxes, minks, skunks and other like fur-bearing animals, except domestic animals, nor shall it include retail sales of any products not grown upon the premises, such as garden or flower equipment, tools or supplies. (See § 225-73.)
- AREA, LOT
- The total area within the property lines, excluding external streets.
- AREA OF SPECIAL FLOOD HAZARD
- The land in the floodplain subject to a one-percent or greater
chance of flooding in any given year.[Added 7-2-1987]
- BASE FLOOD
- The flood having a one-percent chance of being equaled or
exceeded in any given year.[Added 7-2-1987]
- BED-AND-BREAKFAST INN
- An owner-occupied building designed, used and occupied as a single-family residence having, as an accessory use therein, public lodging rooms and facilities within the building serving food and drink prepared within the building to preregistered transient guests which meets the requirements of § 225-69.[Amended 5-17-2001 by L.L. No. 1-2001]
- BOARDING OF HORSES
- The keeping of any horse on the premises not owned by the
owner or lessee of said premises, whether for a fee or otherwise.[Added 6-21-1990]
- BUFFER AREA
- A strip of land where no building or structure may be located
and which is covered with grass, vegetation, trees, embankments, berms
or other landscape elements. Ingress, egress and sidewalks may be
permitted. Where the property abuts a right-of-way, the buffer area
shall be measured from the right-of-way.[Added 6-17-1993; amended 5-16-1996]
- BUFFER AREA, DISTRICT
- A buffer area that exists between different zoning districts.[Added 6-17-1993; amended 5-16-1996]
- Any structure or series of connected structures having a
roof or roof supported by columns or by walls and intended for the
shelter, housing or enclosure of persons, animals or chattel.[Added 5-16-1996]
- BUILDING, HEIGHT OF
- The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
- BUILDING LINE, SIDE, FRONT AND REAR
- The line of the building most nearly facing the front, rear or side line of the lot. Such "building lines" shall include sun parlors, garages, covered porches and covered walks, terraces, entrances and balconies, whether enclosed or unenclosed, but shall not include steps or overhanging eaves under two feet in width.
- CODE ENFORCEMENT OFFICIAL
- An individual employed by the Town and authorized to enforce
the provisions of the Code.[Added 7-18-2002 by L.L. No. 2-2002; amended 6-17-2010 by L.L. No. 5-2010]
- COMMERCIAL VEHICLE
- Any licensed vehicle or trailer used in conjunction with
any business or trade, with the exception of the automobile of a salesman,
professional person or the like.[Added 1-7-2010 by L.L. No. 1-2010]
- CONSTRUCTION VEHICLE
- A commercial vehicle or trailer customarily used in the construction
trades, including but not limited to vehicles used for excavation
and moving of earth and vehicles used for hauling construction materials.[Added 1-7-2010 by L.L. No. 1-2010]
- COVERAGE, LOT OR DISTRICT
- That percentage of the lot or district area covered by the building area.
- DETACHED BUILDING
- A building surrounded by open space on the same lot.
- DISTRICT AREA
- The area situated within a zoning district.[Added 1-16-1986]
- An area on private property that leads from a private road
or a public road, where vehicles are operated or allowed to stand.[Added 9-3-2009 by L.L. No. 2-2009]
- A lot or land or part thereof used for the disposal by dumping, burial, burning or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
- A building designed or used as the living quarters for one or more families. The terms "dwelling," "single-family dwelling" or "multiple-family dwelling" shall not be deemed to include a motel, hotel, boardinghouse or mobile home.
- DWELLING, SINGLE-FAMILY DETACHED
- A house accommodating but a single family and having two side yards.
- DWELLING, SINGLE-FAMILY SEMIDETACHED
- A one-family house having one party wall and one side yard and located on a separate lot from the dwelling to which it is attached.
- DWELLING, TWO-FAMILY
- A building having two side yards and accommodating but two families, with one family living either over the other or side by side, and situate on a single lot.
- DWELLING UNIT
- A building or portion thereof providing housekeeping facilities for a single family.
- DWELLING UNIT, MULTIPLE-FAMILY
- A dwelling unit contained within a multiple-family dwelling,
whether or not such dwelling unit is individually owned or rented
or is located on an individually owned and separately recorded and
assessed lot. A townhouse shall not be deemed to be a "multiple-family
dwelling unit."[Amended 5-4-1972]
- FAMILY, SINGLE
- One or more persons living, sleeping, cooking and eating
on the same premises as a single housekeeping unit.[Amended 6-17-1993]
- Any parcel of land containing at least five acres upon which
is located an enterprise which is operated principally for financial
gain in the raising of agricultural products, livestock, poultry and
dairy products. It excludes the raising of fur-bearing animals, riding
academies and livery or boarding stables.[Amended 6-17-1993]
- FARM MARKET
- Retail outlet consisting of permanent structure(s) for the
display and sale of agricultural and nursery products grown principally
by the operator.[Added 11-6-2008 by L.L. No. 4-2008]
- Anything other than living plants, trees or shrubs designed
to or which in fact does divide, enclose or screen a parcel of land
or portion thereof and which does not support any roof structure or
enclose any covered living space.[Amended 6-17-1993]
- FINISHED GRADE
- The completed surfaces of lawns, walks and roads brought to grade, as shown on official plans or designs relating thereto.
- FLAG LOT
- A lot, shaped similar to that of a flag on a pole, wherein
the width of that portion of the lot upon which the driveway or right-of-way
is located is significantly less than the width of the remaining portion
of the lot. The flag portion of the lot is that area whereupon the
building or structure is to be placed, and the pole portion is that
which is to be used for ingress and/or egress only.[Added 8-2-2001 by L.L. No. 5-2001]
- FLAG LOTS, SETBACK
- In the case of a lot configuration commonly known as a "flag
lot," wherein the width of the lot upon which is located the driveway
or right-of-way to the lot is significantly less than the width of
the remaining portion of the lot, the setback or buffer area shall
be measured from the structure line to the side, rear or front lot
line, exclusive of that portion of the lot upon which the driveway
or right-of-way is located.[Added 6-17-1993]
- FLOOD OR FLOODING
- A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source.[Added 7-2-1987]
- FLOOD INSURANCE RATE MAP (FIRM)
- The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.[Added 7-2-1987]
- FLOOD INSURANCE STUDY
- The official report entitled "Flood Insurance Study, Town
of Webster, New York, Monroe County," in which the Federal Insurance
Administration has provided flood profiles as well as the Flood Insurance
Rate Maps and the water surface elevation of the base flood.[Added 7-2-1987]
- FLOOD LEVEL, ONE-HUNDRED-YEAR
- The highest level of flood that, on the average, is likely
to occur once every 100 years, as determined in the United States
Department of Housing and Urban Development Federal Insurance Administration
Flood Insurance Study for the Town of Webster.[Added 7-2-1987]
- FLOOD LEVEL, TEN-YEAR
- The highest level of flood that, on the average, is likely
to occur once every 10 years, as determined in the United States Department
of Housing and Urban Development Federal Insurance Administration
Flood Insurance Study for the Town of Webster.[Added 7-2-1987]
- FLOODPLAIN OR FLOOD-PRONE AREA
- A land area, adjoining a river, stream, watercourse, bay or lake, which is likely to be flooded, as designated in the Flood Insurance Study.
- Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduces
or eliminates flood damage to lands, water and sanitary facilities,
structures and contents of buildings.[Added 7-2-1987]
- The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.[Added 7-2-1987]
- GARDEN HOME DEVELOPMENT
- A development consisting of 10 or more acres in an MHR District
wherein a number of single-family residential dwellings may be grouped
into at least two, but not more than four, homes. Each home will be
on a separate lot and will not be connected to the adjacent home in
the group. The homes within the group are allowed a minimum separation
of six feet between structures. Groups must be separated by a minimum
of 30 feet.[Added 9-5-2013 by L.L. No. 5-2013]
- HABITABLE FLOOR AREA
- The sum of the gross horizontal area of the several floors of a building designed and intended as a dwelling unit, excluding basements, unheated breezeways, garages and porches. All dimensions shall be measured between interior faces of walls.
- HOME OCCUPATION
- An occupation, business or profession which is carried on
wholly within a dwelling unit or in a building or other structure
accessory to a dwelling unit.[Amended 6-17-1993]
- HOME OCCUPATION, MAJOR
- Any home occupation which is not a minor home occupation.[Added 6-17-1993]
- HOME OCCUPATION, MINOR
- Any home occupation which:[Added 6-17-1993]
- A. Involves no persons other than persons residing on the premises;
- B. Shows no visible evidence from the exterior of the dwelling unit of the conduct of the occupation;
- C. Generates no additional traffic nor the need for off-street parking beyond the customary needs of the occupants of the dwelling unit;
- D. Uses no equipment which would not customarily be used by the occupants of a dwelling unit;
- E. Is not advertised by address; and
- F. Is conducted entirely inside of the principal dwelling unit or other structure on the premises.
- Applies to either a male or female horse or pony. It shall
exclude a foal under the age of one year.[Added 6-21-1990]
- Includes sanitarium, sanatorium, preventorium, clinic and any other place for the diagnosis, treatment or other care of ailments, licensed and approved by the State of New York, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
- A building with a minimum of two stories, with a public elevator,
in which temporary lodging is provided and offered to the public for
compensation in which ingress and egress to and from the rooms is
made from a common area which includes a lobby or reception area,
containing 25 or more separate and distinct sleeping rooms.[Added 11-21-2002 by L.L. No. 6-2002]
- Any place of storage or deposit of wastepaper, rags, scrap iron or steel, whether in connection with another business or not, or where two or more unregistered, old or secondhand motor vehicles no longer intended or in condition for legal use on the public highways are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose. Such term shall include any place of storage or deposits for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in weight two or more such vehicles.
- A property or structure used for the boarding, breeding,
or day care of six or more domesticated animals from which a profit
is derived.[Added 5-19-2011 by L.L. No. 2-2011]
- A business premises equipped with individual clothes-washing and -drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
- LINE, STREET
- The dividing line between the street right-of-way and the lot.
- LIVERY OF HORSES
- Applies to the rental of horses or carriages to persons other
than the owner of the horse or carriage.[Added 6-21-1990]
- Land occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by this chapter for a lot having the use for which such lot is used in the district in which such land is situated.
- LOT, CORNER
- A parcel of land at the junction of and fronting on two or
more intersecting streets or within an interior angle of less than
135° on a single street. For purposes of determining dimensional
requirements for buildings and structures located on corner lots,
the yards included between a right-of-way and any building line shall
be considered front yards, and the yard between one of the remaining
boundary lines and any building line shall be considered a rear yard,
and the other remaining yard shall be considered a side yard.[Amended 8-3-2006 by L.L. No. 2-2006]
- LOT, DEPTH OF
- The mean distance from the street line of the lot to its
opposite rear line measured in the general direction of the side lines
of the lot. For the purposes of this chapter, in any flag lot, the
pole portion of the lot shall be excluded.[Amended 8-2-2001 by L.L. No. 5-2001]
- LOT LINES
- Any line dividing one lot from another.
- LOT, WIDTH OF
- The mean width measured at right angles to its depth. For
the purposes of this chapter, in any flag lot, the pole portion of
the lot shall be excluded.[Amended 8-2-2001 by L.L. No. 5-2001]
- MAINTENANCE, YARD
- To cut, trim or remove brush, grass, rubbish or weeds or
to spray with herbicides, cut, trim, remove or destroy poisonous shrubs
or weeds upon lands on a regular basis so as to prevent excessive
overgrowth, maintain safe conditions and uniform appearance. Established
lawn areas must be cut and maintained on a regular basis so that ground
cover does not exceed eight inches in height.[Added 6-17-2010 by L.L. No. 5-2010]
- MAJOR HIGHWAYS
- All state and county roads plus all town roads indicated
on the Town of Webster Major Highway List.[Amended 9-1-2005 by L.L. No. 2-2005]
- MAJOR HOME OCCUPATION
- See "home occupation, major."[Added 6-17-1993]
- Any waterfront facility which provides accommodations or
services for vessels engaging in any of the following:[Added 7-2-1987]
- A. The sale of marine products or services.
- B. The sale, lease, rental or charter of vessels of any type.
- C. The sale, lease, rental or any other provision of storage, wharf space or mooring for vessels not registered to the owner of said facility, a member of the owner's immediate family or an overnight guest on said property.
- MEAN HIGH WATER LINE (MHWL)
- Two hundred forty seven and three-tenths feet above sea level,
International Great Lakes Datum (IGLD) 1985.[Added 7-2-1987; amended 6-17-1993]
- MEAN LOW WATER LINE (MLWL)
- Two hundred forty three and three-tenths feet above sea level,
International Great Lakes Datum (IGLD) 1985.[Added 7-2-1987; amended 6-17-1993]
- MINI-STORAGE FACILITY
- See "self-service storage facility" below in this section.[Added 3-3-2016 by L.L. No. 1-2016]
- MINOR HOME OCCUPATION
- See "home occupation, minor."[Added 6-17-1993]
[Amended 6-17-1993; repealed 5-16-1996]
- A device, anchoring, float or buoy used for the berthing
or securing of boats or other floating crafts, which such device is
not affixed to the adjacent littoral parcel or a dock projecting from
the adjacent littoral parcel.[Added 6-17-1993]
- A building or group of buildings, whether detached or in
connected units, used as individual sleeping units designed primarily
for transient automobile travelers, without food storage or cooking
facilities, and providing accessory off-street parking facilities.[Amended 11-21-2002 by L.L. No. 6-2002]
- MOTOR VEHICLE SERVICE STATION
- Premises arranged, intended or designed to be used for the sale of gasoline and oil and for minor repairs to motor vehicles.
- MULTIPLE HOUSING UNIT
- A building containing three or more dwelling units.[Added 8-1-1991; amended 12-3-1992; 7-22-2010 by L.L. No. 7-2010]
- NONCONFORMING BUILDING
- See "nonconforming structure."[Amended 7-17-1991]
- NONCONFORMING STRUCTURE
- A structure which, at the time of its original construction,
conformed to the dimensional regulations in the district in which
it was located but does not conform to the dimensional regulations
in the district at the time of adoption of this chapter.[Added 7-17-1991]
- NONCONFORMING USE
- The lawful use of any structure, building or land existing
at the time of the enactment of this chapter may be continued although
such use does not conform to the provisions of this chapter for the
district in which it is located.[Amended 7-17-1991]
- NURSERY SCHOOL
- A school designed to provide daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis.
- NURSING OR CONVALESCENT HOME
- Any dwelling with sleeping rooms where persons are housed or lodged and furnished with meals and nursing or custodial care for hire.
- OPEN SPACE
- An unoccupied space open to the sky on the same lot with the building.
- Applies to an enclosure near a stable in which horses are
exercised and shall include a training ring and corral.[Added 6-21-1990]
- Applies to any portion of grassy land suitable for grazing.[Added 6-21-1990]
- PATIO HOME
- A freestanding single-family home with an attached two-car garage, managed by a homeowners' association, which home is subject to the dimensions set forth in § 192-27 of the Webster Town Code.[Added 12-20-2001 by L.L. No. 7-2001]
- PATIO HOME PROJECT
- A parcel of at least 20 contiguous acres devoted exclusively
to patio homes, which shall be allowed in all residential districts
except LL Large-Lot Single-Family Residential.[Added 7-18-2002 by L.L. No. 2-2002]
- PORTABLE STORAGE CONTAINER (PSC)
- Any container, storage unit, shed-like container or other
portable structure, excluding vehicles, that can be used for the storage
of personal property or construction materials of any kind and which
is located for such purposes outside an enclosed building or accessory
building.[Added 1-7-2010 by L.L. No. 1-2010]
- PRINCIPAL BUILDING
- A building in which is conducted the main or principal use of the lot on which said building is situated.
- PRIVATE CLUB
- An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain. Except as required generally for the membership and purposes of such club, vending stands, merchandising or commercial activities shall be prohibited.
- PRIVATE GARAGE
- An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein.
- PROPERTY, ABANDONED
- An abandoned property is hereby defined as one that has not
been occupied as a residence or a business for a period of one month
and meets one of the following criteria:[Added 6-17-2010 by L.L. No. 5-2010]
- A. The property is in need of rehabilitation and has not been rehabilitated during the unoccupied period;
- B. Construction has been initiated on the property in the past, but not for the three-month period;
- C. The property has been determined to be a nuisance by the Code Enforcement Official (nuisance includes a finding that the property is unfit for human habitation and/or is determined to be a fire hazard or potential health and safety hazard);
- D. Where vandalism at the property has gone unrepaired;
- E. Where there exists a lack of maintenance of the yard area as defined above; or
- F. A public utility (gas, electric, or water) has been shut off by the utility company.
- PUBLIC GARAGE
- Any garage other than a private garage, available to the public, operated for gain and which is used for the storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other self-propelled or drawn motorized vehicles or equipment.
- PUBLIC NUISANCE
- A building or property which constitutes a menace to the
public health, welfare, or safety, or which is structurally unsafe,
unsanitary, or not provided with adequate and safe ingress and egress,
or which constitutes a fire hazard, or which may otherwise be dangerous
to human safety, or which in relation to existing uses constitutes
a hazard to the public health, welfare, or safety by reason of inadequate
maintenance, dilapidation, obsolescence or abandonment.[Added 6-17-2010 by L.L. No. 5-2010]
- QUARRY, SAND PIT, GRAVEL PIT AND TOPSOIL STRIPPING
- A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale as an industrial or commercial operation and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.
- RECREATIONAL VEHICLE
- Any vehicle used for recreational purposes, including but
not limited to all-terrain vehicles, boats, trailers, boat trailers
and camper trailers, motor homes, and snowmobiles.[Added 1-7-2010 by L.L. No. 1-2010]
- RELIGIOUS USE
- Use of a building or land for a church, temple, parish house, convent, seminary or retreat house.
- A building or portion thereof where food and beverages, whether
or not alcoholic, are sold to the public for consumption on the premises.[Added 6-17-1993]
- RESTAURANT, BISTRO
- A restaurant having seating capacity of 35 people to 21 people.[Added 6-17-1993]
- RESTAURANT, CAFE
- A restaurant having seating capacity of 20 people or fewer.[Added 6-17-1993]
- RESTAURANT, FULL-SERVICE
- A restaurant that must include table service, and where there
is no drive-through ordering or drive-through pickup.[Added 11-21-2002 by L.L. No. 6-2002]
- RESTAURANT, TAKEOUT
- A restaurant where food and beverage are sold to the public
for consumption off the premises.[Added 6-17-1993]
- RIDING ACADEMY
- Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment or where riding lessons are given.
- A public or private way used to carry persons or vehicles from one point to another.
- RIGHT-OF-WAY LINE
- The common line between a parcel and a highway or other right-of-way.
- SELF-SERVICE STORAGE FACILITY
- Any real property or a portion thereof that is designed,
designated and used for the purpose of occupying storage space by
occupants who are to have access thereto for the purpose of storing
and removing personal property.[Added 3-3-2016 by L.L. No. 1-2016]
- SENIOR CITIZEN
- A person as defined by the management of the private corporation
or in the applicable homeowners association document as required under
the definition of "senior housing."[Added 8-1-1991; amended 11-21-2002 by L.L. No. 6-2002]
- SENIOR HOUSING
- A development including any one or a mixture of the following:
freestanding, single-family home(s); multiple housing unit(s); patio
home(s); townhouse(s), which development is designed and intended
to provide for the specialized living needs of senior citizens and
which development is managed by a private corporation or homeowners
association subject to deed restrictions.[Added 11-21-2002 by L.L. No. 6-2002]
- The least distance from the side, rear or front lot line of a lot to the side, rear or front building line of any building located or to be located thereon.
- SETBACK, DOCK
- The least distance from the side line of an area in which
docks are to be located to any portion of a dock therein, the side
lines being those lines projecting from the property lines of the
littoral parcel.[Added 6-17-1993]
- SETBACK, FRONT
- An area that extends the full width of the lot and is situated
between the right-of-way line and the nearest point of the closest
structure.[Added 6-17-1993; amended 11-16-1995]
- SETBACK, REAR
- An area that extends the full width of the lot and is situated
between the rear lot line and the nearest point of the closest structure.[Added 6-17-1993; amended 11-16-1995]
- SETBACK, SIDE
- An area that extends the full length of the lot and is situated
between the side lot lines and the nearest point of the closest structure.[Added 6-17-1993; amended 11-16-1995]
- A building or structure designed or used for sheltering or
housing horses. This term shall specifically exclude shipping containers
or crates, truck bodies, cars or any similar enclosures at any time
used or designed for a use other than the sheltering or housing of
- STABLE, PRIVATE
- An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
- STABLE, PUBLIC
- A building in which any horses are kept or used for remuneration, hire or sale.
- That portion of a building above the grade level included between the surface of any floor and the surface of the floor next above it; the space between any floor and the ceiling next above it.
- STORY, HALF
- A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
- STORY, HEIGHT OF
- The vertical distance from the top surface of the floor to the top surface of the floor next above. The "height" of the topmost story is the distance from the top surface of the floor to the top surface of the ceiling joists.
- A public or private way which affords the principal means of access to more than one abutting property.
- STREET GRADE
- The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the "street grade."
- Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, but not to include light posts, mailboxes, flagpoles,
fences and swing sets. Such structures shall include sun parlors,
garages, covered porches and covered walks, terraces, entrances and
balconies, whether enclosed or unenclosed, but shall not include steps,
chimneys less than 30 inches or overhanging eaves or cantilevers under
two feet in width.[Amended 6-17-1993]
- STRUCTURE, ACCESSORY
- A structure customarily incidental and subordinate to the
principal building and located on the same lot.[Added 5-16-1996]
- STRUCTURE, HEIGHT OF
- The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.[Added 6-17-1993]
- STRUCTURE, TEMPORARY
- Any structure not permanently affixed to the ground.
- A dwelling unit which makes provisions for living and sleeping
facilities for one family and which is one of a series of two or more
units having a common party wall between each adjacent unit, each
with a private outside entrance and separate utilities and located
on a separate lot from the dwelling(s) to which it is attached.[Amended 1-16-1986; 6-17-1993; 1-7-2010 by L.L. No. 1-2010]
- TOWNHOUSE BUILDING
- A structure consisting of not more than eight townhouse dwelling
- TRANSIENT RENTAL
- Rental of a dwelling unit for a period of less than 28 continuous
days.[Added 7-22-2010 by L.L. No. 7-2010]
- The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.[Amended 7-17-1991]
- USE, ACCESSORY
- See "accessory use."
- Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.[Added 9-3-2009 by L.L. No. 2-2009]
- WALL, COMMON PARTY
- A wall, floor or other barrier between two adjoining dwelling
units to be offered for sale, built of masonry and having a two-hour
fire rating. Any vertical "party wall" shall be continuous and extend
from the foundation through or to the roof.[Added 1-16-1986]
- An open space on the same lot with a main building and unoccupied
except for those structures specifically permitted.[Added 5-16-1996]
- YARD, FRONT
- A yard extending the full width of the lot and situated between
the right-of-way line and the front of the building projected to the
side lines of the lot.[Added 5-16-1996]
- YARD, REAR
- A yard extending the full width of the lot and situated between the rear line of the lot and the rear building line projected to the side lines of the lot.
- YARD, SIDE
- A yard situated between the side line, building line and
adjacent side line of the lot and extending from the rear line of
the front yard to the front line of the rear yard.[Added 5-16-1996]
Editor's Note: The definition of "accessory building," which immediately followed this definition, was repealed 6-17-1993.
Editor's Note: The definition of "building," which immediately followed this definition, was repealed 6-17-1993.
Editor's Note: The former definition of "commercial dog kennel," which immediately followed this definition, was superseded 5-19-2011 by L.L. No. 2-2011. See now the definition of "kennel."
Editor's Note: The former definition of “district buffer area” or “district yard,” added 1-16-1986, which immediately followed this definition, was repealed 6-17-1993.
Editor's Note: This ordinance also repealed the subsumed definitions of "business sign," "for sale or to let sign," "advertising sign," "movable or rotating sign," "illuminated sign" and "flashing sign."
Editor's Note: The definition of "structure, accessory," which immediately followed this definition, was repealed 6-17-1993.
Editor's Note: The definitions of "yard," "yard, front," "yard, rear" and "yard, side," respectively, were repealed 6-17-1993.